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HomeMy WebLinkAbout4.0_Spatique Massage_PA2009-005• CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT March 19, 2009 Meeting Agenda Item 4 SUBJECT: Spatique (PA2009 -005) 120 Tustin Ave. Suites C & D ■ Use Permit No. UP2009 -001 APPLICANT: Kyong Wilson, Spatique PLANNER: Fern Nueno, Assistant Planner (949) 644 -3227, fnueno @city.newport - beach.ca.us PROJECT SUMMARY The application is for a use permit for a massage establishment pursuant to Chapters 20.42 and 20.87 of the Municipal Code to add massage services to an existing establishment providing skin care and tailoring services. The applicant also requests a waiver of location restrictions because the facility is located within 500 feet of another independent massage establishment. 1. Conduct a public hearing; and 2. Adopt the attached Resolution (Exhibit 1) approving Use Permit No. UP2009- 001. • I0 Spatique March 19, 2009 Pape 2 2660 ' 2690 GENERAL PLAN ZONING C G _6_ SFAH 4p d+ 9 ' RS4) S ♦ t �' q" '4 Ab VR ` ' + R -I IV PF H � i At MG -Wt i .� { le LOCATION GENERAL PLAN 2727 •, ' 2912 2711 106 U 2117 CO 110 2707 2940 709 2 7 Z7 15 X11 :723 ze z633 eu Mixed Use Horizontal Mariner's Mile Specific Plan Retail Service Commercial GENERAL PLAN ZONING C G _6_ SFAH 4p d+ 9 ' RS4) S ♦ t �' q" '4 Ab VR ` ' + R -I IV PF H � i At MG -Wt i .� { le LOCATION GENERAL PLAN ZONING CURRENT USE ON -SITE Mixed Use Horizontal Mariner's Mile Specific Plan Retail Service Commercial NORTH Mixed Use Horizontal Mariner's Mile Specific Plan Retail Service Commercial SOUTH Mixed Use Horizontal Mariner's Mile Specific Plan Retail Service Commercial EAST Mixed Use Horizontal Mariner's Mile Specific Plan Parking and Commercial WEST Mixed Use Horizontal Mariner's Mile Specific Plan Parking and Commercial Spatique March 19, 2009 Page 3 INTRODUCTION Project Setting The project site is located in a commercial center on Tustin Avenue near West Coast Highway in the Mariner's Mile Specific Plan District. The site consists of two parcels totaling approximately 11,520 square feet in area and is developed with a multi- tenant commercial building and a surface parking lot. The site is surrounded by commercial properties, but residential properties are located north of the Mariner's Mile area. Project Description Spatique currently offers skin care, retail sales (clothing and personal -care products), and tailoring services. A use permit is required in order to add massage services to the existing establishment pursuant to Chapters 20.42 (Specific Plan District #5: Mariner's Mile) and 20.87(Massage Establishments) of the Municipal Code. The business operates in two adjoining suites totaling approximately 900 square feet in area. A room containing approximately 100 square feet is proposed for massage use. The applicant also requests a waiver of location restrictions because the facility is located within 500 feet of another independent massage establishment and a park. DISCUSSION Analysis General Plan, Local Coastal Plan, and Zoning Code The General Plan Land Use designation for the site is Mixed Use Horizontal (MU -H1). The Coastal Land Use Plan designates the site as General Commercial. The project is located in the Mariners Mile Specific Plan (SP -5) Retail Service Commercial Zoning District. The proposed project does not significantly change the current use of the property and the existing personal service and retail sales use is consistent with these designations. Use Permit Findinos Pursuant to Section 20.91.035 of the Municipal Code, the Planning Commission shall approve an application for a use permit if the following findings are made: Finding: That the proposed location of the use is in accord with the objectives of the Zoning Code and the purposes of the district in which the site is located. � I Spatique March 19, 2009 Page 4 Facts in support of finding: • • The site is located in the Mariner's Mile Specific Plan District in an area designated as Retail and Service Commercial. This area is intended to serve as an active pedestrian- oriented retail area with a wide range of visitor - serving, neighborhood commercial and marine - related uses. The proposed massage service is accessory to the retail and service uses, which are consistent with the intent of the Mariner's Mile Speck Plan District. • Massage establishments are a permitted use in this district upon approval of a use permit. Use permits enable the City to control certain uses which could have detrimental effects if not compatible with uses on adjoining properties and in the surrounding area. A massage establishment is complementary to some of the other uses in the commercial building which includes a hair salon, a jeweler, and a florist because it adds another beneficial service for residents and visitors. The proposed addition of massage services does not present any conflicts with the purpose and intent of this district. Finding: That the proposed location of the use permit and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan and the purpose of the district in which the site is located; will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the . properties or improvements in the vicinity or to the general welfare of the city. Facts in support of finding: • The proposed addition of massage services as an accessory use is consistent with the Mixed -Use Horizontal land use designation, which allows for neighborhood - serving retail. The addition of massage is minor in nature and would integrate well with the neighborhood- serving retail uses because it will offer additional services to the area without being a detriment to the community. The limited hours of operation are consistent with those of other businesses in the immediate area. The massage services will only be provided in a room that is less than 100 square feet in area, which is less than ten percent of the entire suite, and only one customer will be offered massage services at one time. • The proposed addition of massage services as an accessory use is consistent with the policies in the General Plan, including policy LU 6.19.4 that encourages uses that serve residential neighborhoods, such as specialty retail, on the inland parcels in Mariner's Mile. The existing use of retail sales and personal services is a specialty retail use that adheres to this General Plan Policy, and the addition of massage services will not significantly change the character of the use in a way that is inconsistent with General Plan Policy LU 6.19.4. • In Spatique March 19, 2009 Page 5 • • Compliance with all other applicable regulations of the Municipal Code will be required and enforced, including Chapter 5.50 (Massage Establishments), which regulate massage services with a massage permit from the Police Department in order to protect the health, safety and welfare of citizens of the City. Finding: That the proposed use will comply with the provisions of this code, including any specific condition required for the proposed use in the district in which it would be located. Facts in support of finding: • The proposed massage establishment is consistent with the legislative intent of Chapter 20.87 of the Municipal Code. The purpose and intent of the chapter is to disperse the location of massage establishments throughout the City and to prevent problems of blight. The proposed massage service is minor in comparison to the overall skin care, tailoring, and retail sales use because less than ten percent of the square footage of the suites is dedicated to massage services. The combined square footage of the two suites is approximately 1,000 square feet and the room dedicated to massage services is less than 100 square feet. Only one massage table and one massage customer will be in the room at any given time, and massage services will be provided only during the hours of operation of the principal use. Even though the site is within 500 feet of another massage establishment, the proposed . addition of massage services as an accessory use to the existing retail sales and personal service use will not result in a concentration of massage uses in the neighborhood that would be detrimental to the neighborhood or create neighborhood blight. • The proposed use is in the retail and service commercial area of the Mariner's Mile Specific Plan District. The personal service and retail sales use with the proposed addition of massage services are consistent with the provisions of this Specific Plan. • Compliance with all other applicable regulations of the Municipal Code will be required and enforced. Findings for Waiver of Location Requirements Section 20.87.025 of the Municipal Code specifies that no use permit be approved for any massage establishment within 500 feet of any public or private school, park or playground, civic center, cultural site or church site, or any other massage establishment site. The proposed site is located within 500 feet of a public park and another massage establishment 'site; however, the Planning Commission may waive the location requirements subject to certain required findings. The location of the subject property, park, and other massage establishment are shown below: Spatique March 19, 2009 Page 6 Although the Police Department has reviewed the application and has no objection to the massage use, they do not want to set a precedent of waiving the location requirements. However, Planning Department staff concludes that in this case facts are in support of a waiver of location requirements. The proposed massage service will be accessory to a personal service and retail sales use. The nearby massage establishment at 2700 West Coast Highway is an accessory use to a skin care facility. The overall square footage of the skin care facility is approximately 952 square feet, with a 149 square feet room with one massage table dedicated to massage services. Since neither business exclusively offers massage services, the proposed use will not create an over concentration of massage uses that would be detrimental to the neighborhood. The proposed massage establishment is within 500 feet of a park located at 2501 Cliff Drive. This park is up on a hill at least 40 feet higher in elevation, and is located on another street that requires the equivalent of a three -block walk or drive to reach. The massage establishment will not impact the use of the park. Required findings to waive location requirements and facts in support of findings: 0 • Finding: The proposed use will not be contrary to the .public interest or injurious to nearby properties, and that the spirit and intent of this section will be observed. • Spatique March 19, 2009 Page 7 . Facts in support of finding: • The proposed use is within 500 feet of another massage establishment (2700 West Coast Highway), however, the other facility is a massage use in conjunction with a skin care facility. The massage service is a minor part of the overall skin care service because only one massage table is used in the facility and only one massage technician works at any given time. Therefore, the proposed massage use will not result in an over - concentration of massage uses in the neighborhood that would be detrimental to the neighborhood or create neighborhood blight. • The proposed massage establishment is within 500 feet of a park located at 2501 Cliff Drive. This park is on a hill at least 40 feet higher in elevation, so the massage establishment will not impact the use of the park. • The massage. establishment is only one part of the business, since Spatique offers tailoring, skin care, and retail sales services. Compliance with all other applicable regulations of the Municipal Code will be required. Finding: The proposed use will not enlarge or encourage the development of an urban blight area. • Facts in support of finding: • The proposed use is not in an urban blighted area. • The proposed use is located in a commercial building with coordinated tenant management, which will discourage blight to the area because the owner of the building and the other tenants have a vested interest in the quality and integrity of the property site. Finding: The establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any program of urban renewal. Facts in support of finding: • There are no urban renewal or neighborhood conservation programs in effect in the area. Summary A use permit is required in order to introduce massage into the existing retail sales and personal service establishment. Staff recommends approval of the use permit based on 40 the findings that are required by Chapters 20.87 and 20.91 of the Municipal Code. I Spatique March 19, 2009 Page 8 Alternatives : 0 The Planning Commission may also approve a modified project or deny the application if any of the findings cannot be made. Environmental Review This project qualifies for an exemption from environmental review pursuant to Section 15301 (Class 1 Existing Facilities) of the Implementing Guidelines of the California Environmental Quality Act (CEQA), which exempts the operation of existing facilities Involving negligible expansion of use. Public Notice Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property, and posted at the site a minimum of ten days in advance of this hearing, consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: Submitted by: Fer 1ek Assistant Planner David Lepo, Plann' c hector EXHIBITS 1. Draft resolution 2. Applicant's project description 3. Project plans RAUsersIPLMShareMPA'sIPAs - 20091PA2009 -005 • 1� 0 Exhibit No. T Draft Resolution 0 0 1� RESOLUTION NO. • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT UP2009 -001 FOR OPERATION OF A MASSAGE ESTABLISHMENT LOCATED AT 120 TUSTIN AVE, SUITES C AND D (PA 2009 -005) WHEREAS, an application was filed by Kyong Wilson, with respect to property located at 120 Tustin Avenue, and legally described as Lot 18, Tract 1133, as shown on Book 425, Page 47, County of Orange, requesting approval of Use Permit No. UP2009 -001 for the establishment of an independent massage establishment in conjunction with existing tailoring, retail, and skin care services; and WHEREAS, the subject property is located within Mariner's Mile Specific Plan District and is subject to the requirements of Chapters 20.42 and 20.87 of the Zoning Code which requires approval of a use permit for massage establishments as an independent use; and WHEREAS, in accordance with Chapters 20.42, 20.87 and 20.91 of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: That the proposed location of the use is in accord with the objectives of this code and the purposes of the district in which the site is located. • Facts in support of finding: • The site is located in the Mariner's Mile Specific Plan District in an area designated as Retail and Service Commercial. This area is intended to serve as an active pedestrian - oriented retail area with a wide range of visitor - serving, neighborhood commercial and marine - related uses. The proposed massage service is accessory to the retail and service uses, which are consistent with the intent of the Mariner's Mile Specific Plan District. • Massage establishments are a permitted use in this district upon approval of a use permit. Use permits enable the City to control certain uses which could have detrimental effects if not compatible with uses on adjoining properties and in the surrounding area. A massage establishment is complementary to some of the other uses in the commercial building which includes a hair salon, a jeweler, and a florist because it adds another beneficial service for residents and visitors. The proposed addition of massage services does not present any conflicts with the purpose and intent of this district. Finding: That the proposed location of the Use Permit and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan and the purpose of the district in which the site is located; will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in • the vicinity or to the general welfare of the city. Id Planning Commission Resolution No. _ Paae 2 of 5 • Facts in support of finding: • The proposed addition of massage services as an accessory use is consistent with the Mixed -Use Horizontal land use designation, which allows for neighborhood- serving retail. The addition of massage is minor in nature and would integrate well with the neighborhood - serving retail uses because it will offer additional services to the area without being a detriment to the community. The limited hours of operation are consistent with those of other businesses in the immediate area. The massage services will only be provided in a room that is less than 100 square feet in area, which is less than ten percent of the entire suite, and only one customer will offered massage services at one time. • The proposed addition of massage services as an accessory use is consistent with the policies in the General Plan, including policy LU 6.19.4 that encourages uses that serve residential neighborhoods, such as specialty retail, on the inland parcels in Marine's Mile. The existing use of retail sales and personal services is a specialty retail use that adheres to this General Plan Policy, and the addition of massage services will not significantly change the character of the use in a way that is inconsistent with General Plan Policy LU 6.19.4. • Compliance with all other applicable regulations of the Municipal Code will be required and enforced, including Chapter 5.50 (Massage Establishments), which regulate massage services with a massage permit from the Police Department in order to protect the health, • safety and welfare of citizens of the City. Finding: That the proposed use will comply with the provisions of this code, including any specific condition required for the proposed use in the district in which it would be located. Facts in support of finding: • The proposed massage establishment is consistent with the legislative intent of Chapter 20.87 of the Municipal Code. The purpose and intent of the chapter is to disperse the location of massage establishments throughout the City and to prevent problems of blight. The proposed massage service is minor in comparison to the overall skin care, tailoring, and retail sales use because less than ten percent of the square footage of the suites is dedicated to massage services. The combined square footage of the two suites is approximately 1,000 square feet and the room dedicated to massage services is less than 100 square feet. Only one massage table and one massage customer will be in the room at any given time, and massage services will be provided only during the hours of operation of the principal use. Even though the site is within 500 feet of another massage establishment, the proposed addition of massage services as an accessory use to the existing retail sales and personal service use will not result in a concentration of massage uses in the neighborhood that would be detrimental to the neighborhood or create neighborhood blight. • • The proposed use is in the retail and service commercial area of the Mariners Mile Specific Plan District. The personal service and retail sales use with the proposed addition of massage services are consistent with the provisions of this Speck Plan. ti7 Planning Commission Resolution No. _ Page 3 of 5 Compliance with all other applicable regulations of the Municipal Code will be required . and enforced. WHEREAS, Section 20.87.025 of the Municipal Code specifies that no use permit be approved for any massage establishment within 500 feet of any public or private school, park or playground, civic center, cultural site or church site, or any other massage establishment site. The proposed site is located within 500 feet of a public park and another massage establishment site; and WHEREAS, in accordance with Section 20.87.025 of the Municipal Code the following findings for waiver of location requirements and facts in support of the findings: Finding: The proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this section will be observed. Facts in support of finding: The proposed use is within 500 feet of another massage establishment (2700 West Coast Highway), however, the other facility is a massage use in conjunction with a skin care facility. The massage service is a minor part of the overall skin care service because only one massage table is used in the facility and only one massage technician works at any given time. Therefore, the proposed massage use will not result in an over - concentration of massage uses in the neighborhood that would be detrimental to the neighborhood or • create neighborhood blight. The proposed massage establishment is within 500 feet of a park located at 2501 Cliff Drive. This park is on a hill at least 40 feet higher in elevation, so the massage establishment will not impact the use of the park. The massage establishment is only one part of the business, since Spatique offers tailoring, skin care, and retail sales services. • Compliance with all other applicable regulations of the Municipal Code will be required. Finding: The proposed use will not enlarge or encourage the development of an urban blight area. Facts in support of finding: • The proposed use is not in an urban blighted area. • The proposed use is located in a commercial building with coordinated tenant management, which will discourage blight to the area because the owner of the building and the other tenants have a vested interest in the quality and integrity of the property site. • tiA • E • Planning Commission Resolution No. Page 4 of 5 Finding: The establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation nor will renewal. Facts in support of finding: • The proposed use is not in an urban blighted area. interfere with any program of urban The proposed use is located in a commercial building with coordinated tenant management, which will discourage blight to.the area because the owner of the building and the other tenants have a vested interest in the quality and integrity of the property site. WHEREAS, a public hearing was held on March 19, 2009, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting; and WHEREAS, the project qualifies for an exemption from environmental review pursuant to Section 15301 (Class 1 Existing Facilities) of the Implementing Guidelines of the California Environmental Quality Act (CEQA), which exempts the operation of existing facilities involving negligible expansion of use; and NOW, THEREFORE, BE IT RESOLVED: Section 1. The Planning Commission of the City of Newport Beach hereby approves Use Permit No. UP2009 -001, subject to the Conditions set forth in Exhibit W. Section 2. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 19th DAY OF MARCH 2009. BY: Scott Peotter, Chairman Al Bart' Eaton, Secretary AYES: EXCUSED: 6 Planning Commission Resolution No. Page 5 of 5 EXHIBIT "A" CONDITIONS OF APPROVAL PROJECT SPECIFIC CONDITIONS ARE DENOTED WITH ITALICS The development shall be in substantial conformance with the approved floor plan. 2. All applicable requirements of Chapter 5.50 of the Municipal Code shall be fulled. 3. No temporary "sandwich" signs, balloons or similar temporary signs shall be permitted, either on -site or off -site, to advertise the proposed use, unless specifically permitted in accordance with the Sign Ordinance of the Municipal Code. Temporary signs shall be prohibited in the public right -of -way, unless otherwise approved by the Public Works Department in conjunction with the issuance of an encroachment permit or encroachment agreement. 4. All signs shall conform to the provisions of Chapter 20.67 of the Municipal Code. 1] 7. The Planning Commission may add to or modify conditions of approval to this Use Permit, or revoke this permit upon a determination that the operation that is the subject of this approval causes injury, or is detrimental to the health, safety, peace, morals, comfort, • or general welfare of the community. 8. This approval shall expire unless exercised within 24 months from the end of the appeal period, in accordance with Section 20.91.050 of the Newport Beach Municipal Code. 5. Only one licensed massage technician shall be permitted to operate within the facility at any one time. No more than one treatment room shall be provided for massage services. The addition of any massage technicians to the business shall be subject to approval of an amendment of this Use Permit. 6. Massage services shall be provided only during the hours of operation of the principal use, but in any event, the hours of operation shall be limited to between 10:00 a.m. to 6:00 p.m., Tuesday through Saturday. The establishment shall remain closed on Sunday and Monday. • }tp 0 Exhibit No. 2 Applicant's Project Description 0 t1 City Of Newport Beach Planning Department • 3300 Newport Blvd. Newport Beach, Ca 92658 Javier Garcia: Zoning Administrator Dear Sir: SpaTique, at 120 Tustin Ave.; Ste C & D, Newport Beach, Ca 92663, is a business designed to be unique, in that it brings two separate service businesses together, Skin Care and Tailoring. Kyong Wilson has over thirty years experience in Tailoring and Alterations. She makes custom clothing and has sold retail clothes, as well, at this location for over three years. She provides free alteration with retail clothes she sells. Toward the rear of Unit C, there is an LED bed (Light Emitting Diode) that is not for Tanning, although it looks like one, but is for skin rejuvenation and stimulates collagen growth in all Epidermis and Dermis layers of skin. The bed has a curtain that is drawn around it for privacy and it is neither noisy, nor does it create much heat in the area. It was inspected and approved by the Newport Beach Fire Department in September 2008. Kyong's alteration area and retail display cases are in the center section of Unit C and the reception desk is near the entrance. The two units are connected by an open through way at the front of the store and we don't use the entrance to Unit D, only the entrance to Unit C. Since there are two rooms in the Unit D • side of the store, we plan to use one room to allow a Licensed Massage Therapist to perform massage and Endermologie -Lipo Massage. Where as Massage is usually performed with hands on a body that is naked or semi naked, Enermologie -Lipo Massage is done with a client wearing a body stocking and only the hand piece of the machine is rolled over the various parts of the body. Through the hand piece, which is connected to the machine by a tube, the client's skin is vacuumed, firmed, smoothed and resculpted. The procedure usually takes one hour. We may have one or more independently contracted therapist with their Technician's License, to work with clients by appointment. It is for this purpose that we need a Conditional Use Permit. In the other room, we have a Licensed Estitician performing facials, masks, hair removal, waxing, and microdermabration by appointment. Each room has a small water fountain and a stereo for quiet music to enhance the relaxing experience during a skin care procedure. Also each room is equipped with a sink with hot and cold water, a cupboard for clean sheets, a towel warmer and a sterilizer to clean tweezers, sponges, extractors and microdermabration tools. When things are going according to plan, Kyong will be able to alter the client's clothes in the same time it takes to complete a skin care procedures. Normal store hours are from 10 to 6, Monday through Friday and 10 to 3 on Saturdays. My function is to provide administrative and maintenance duties and any thing else that needs to be accomplished for the business to run smoothly. \W 0 Exhibit No. 3 Project Plans 0 0 , I- L-1 )I, F-- n jz_� L5E�/AV6 ,4 ara 4 r-/?C,v 7- D r,, �, te, ill o T F.&SING /'s //' 9 ++'y" : Li p PA2009-005 for UP2009-001 120 TUSTIN AVENUE, SUITE C & D Spatique 1 r • • 0 set) 1' 1' 1 1 U